Sihler et al v. The Fulfillment Lab, Inc et al

Filing 108

ORDER Granting Motion To Lift Stay [ECF No. 99 ]. Signed by Judge Linda Lopez on 1/10/2022. (ddf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 JANET SIHLER, individually and on behalf of all others similarly situated; CHARLENE BAVENCOFF, individually and on behalf of all others similarly situated, Case No.: 20cv1528-LL-MSB ORDER GRANTING MOTION TO LIFT STAY Plaintiffs, v. [ECF No. 99] THE FULFILLMENT LAB, INC.; RICHARD NELSON; BEYOND GLOBAL, INC., Defendants. 19 20 21 On November 1, 2021, the Court issued an order granting the parties’ joint motion 22 to stay this matter pending relief or clarification of the scope of the automatic stay imposed 23 by the bankruptcy court when Defendant Beyond Global, Inc. filed for Chapter 7 24 bankruptcy. ECF No. 98. On January 4, 2022, this case was transferred to the undersigned. 25 ECF No. 107. 26 Currently before the Court is Plaintiffs’ Notice of Termination of Bankruptcy Stay 27 and Motion to Lift Stay. ECF No. 99. Plaintiffs state that the bankruptcy of Defendant 28 Beyond Global, Inc. was closed on November 24, 2021, the automatic bankruptcy stay has 1 20cv1528-LL-MSB 1 been terminated, and there is no longer a barrier to discovery proceeding in this action. Id. 2 at 2. Plaintiffs attached a copy of the docket for the bankruptcy case indicating that the case 3 has closed. ECF No. 99-1 at 4. On December 16, 2021, Defendant Beyond Global, Inc. 4 filed a notice that on November 24, 2021, the docket in the bankruptcy case indicated 5 “[t]he trustee has filed a Final Account and has certified that the estate, if any has been 6 fully administered.” ECF No. 104. at 1–2. Because the bankruptcy case has closed, the 7 Court finds it appropriate to GRANT Plaintiffs’ Motion to Lift the Stay and ORDERS the 8 following: 9 10 11 1. The parties shall contact the magistrate judge within three days of the issuing of this Order to address discovery deadlines. 2. In resetting any discovery deadlines, the magistrate judge shall vacate the 12 current scheduling order and set pretrial deadlines up to and including the deadline to file 13 the motion for class certification. 14 15 16 17 3. The January 18, 2022 motion hearing for the Motion to Vacate Stay shall be VACATED. IT IS SO ORDERED. Dated: January 10, 2022 18 19 20 21 22 23 24 25 26 27 28 2 20cv1528-LL-MSB

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